20. Before we decide if we should conduct a detailed investigation of a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not found any indications that something has gone wrong.
21. Mr O told us Ofgem’s decision letter which informs him about the revocation of his accreditation states he did not provide the approximate dates the ASHP was unable to provide heat. He states he was not asked for approximate dates though, he was asked for specific dates which he did not have and he did not want to provide wrong information. He said the heating system (the ASHP) was not set up for an individual homeowner to provide that kind of specific information.
22. Mr O said he had photos of when the ASHP was covered in ice and sent these to Ofgem to evidence it was not working with the dates the photos were taken included. He said Ofgem then asked further questions about whether during some hours on those dates it was working. He said although he answered it, this question was very difficult to answer as he did not keep records of that and there was no information to suggest he had to.
23. Ofgem started requesting information and evidence about the dates Mr O’s ASHP was not working on 12 February 2025. We can see that in its email on 11 March 2025, it said he could give approximate dates the ASHP was not providing heat for more than 24 hours if he did not know exact dates. Ofgem extended the deadline to provide this information from 20 March to 4 April. It extended the deadline again to 22 April. Ofgem also left a voicemail asking him to respond by the deadline.
24. Ofgem said the reasons for revoking the accreditation were that Mr O failed to comply with regulation 44(1) which states the participant must provide any information required to discharge its functions. It said he also failed to comply with regulation 44(3) which states a participant should provide any information requested within 28 days of the request or a later date that Ofgem may specify.
25. In its email to Mr O on 16 June, Ofgem states Mr O confirmed 10 dates on which the ASHP did not function as required in his review request. It explained that it needed the information to discharge its functions as it needed to calculate any payments he was not eligible for due to his ASHP not being able to provide heat for periods over 24 hours.
26. Ofgem’s review response dated 22 July 2025, upheld the original decision. The response states ‘this is because you had access to the approximate dates your heating system was not able to provide heat, but you did not provide them within the deadline we specified of respond to our requests’. It states Mr O therefore repeatedly failed to comply with his ongoing obligation as set out in regulation 44.
27. We have considered this matter in detail. Chapter 3 of the DRHI essential guide states ‘you must comply with any other administrative requirements specified by us. This covers any requirements necessary to establish your ongoing eligibility, for example, if we require further information to evidence that you are meeting your ongoing obligations’.
28. Section 7 of the DRHI essential guide states a participant must meet its ongoing obligations whilst it is a participant of the scheme. It further states, ‘If we suspect any failure to meet ongoing obligation, we would suspend payments whilst we investigate. If the non-compliance is confirmed, and depending on its severity we may:
• suspend payments temporarily or withhold them permanently • revoke the installation’s accreditation • recover overpayments’.
29. The guidance above makes it clear that the onus is on the participant to ensure they comply with their ongoing obligations, one of which is to provide any information required within 28 days of the request or another date specified.
30. Mr O did provide the dates that the ASHP was not functioning properly or at all on 10 dates with photographic evidence, but this was after Ofgem’s deadlines to provide the information had passed.
31. We consider Ofgem did consider the photos he sent as evidence of the ASHP not working on particular days, as we can see consideration of this in its review response. Ofgem states, that after it received Mr O’s review request, it ‘then asked you about the photographic evidence you had used to determine the dates you have provided in your review request. You responded that you had taken the photos and videos of the ASHP on the dates when the defrost function had not been working. You said on these dates, the ASHP had been unable to provide heat for the whole day’. This shows it considered the information Mr O provided.
32. In light of the above, we consider Ofgem acted in line with regulation 44 in revoking the accreditation. Mr O told Ofgem the dates provided with the photos were the contemporaneous dates the ASHP was covered in ice, therefore we can reasonably believe Mr O had access to information that the ASHP not working before he provided it in June 2025.
33. We understand Mr O’s frustrations around not wanting to provide incorrect information but we think he could have provided whatever information he did have at the time it was requested. In any event, Ofgem did clarify he could provide approximate dates the ASHP was not functioning in its email dated 11 March as mentioned above.
34. Whilst Mr O is very focused on the issue being that he could not provide exact dates the ASHP was not functioning, we do not think this is the key issue here. It was his responsibility to provide the information anyhow to fulfil his obligations as a scheme participant. We consider he could have provided some information to fulfil Ofgem’s request within the timescale but did not.
35. Having reviewed the correspondence, we think Ofgem also gave Mr O multiple opportunities to provide the requested information, which is evidenced through the extensions of time it granted. We therefore cannot see any evidence that it did not act reasonably.
36. Based on the above, we have not seen any indications of maladministration in the way Ofgem followed its processes. We consider it acted in line with regulation 44 as set out above and its review response in upholding the original decision was justified based on the evidence we have seen.
37. We understand this decision may be a disappointing outcome for Mr O. We hope we have clearly explained the reasons for our decision. We thank Mr O for bringing his concerns to our attention.